The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Document Number:2019 No. 190
 
FREE EXCERPT

Scottish Statutory Instruments

Exiting The European Union

Seeds

Made

28 th May 2019

Laid before the Scottish Parliament

30 th May 2019

Coming into force in accordance with regulation 1(1)

The Scottish Minister make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) , paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018(2) , and all other powers enabling them to do so.

PART 1 INTRODUCTION

Citation, commencement and extent

  1. —(1) These Regulations may be cited as the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and come into force as follows—

    (a) as regards this Part, Part 2 and regulation 6 , on 29 June 2019 ,

    (b) as regards the remainder of Part 3 , on exit day.

    (2) These Regulations extend to Scotland only.

    PART 2 AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972

    The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

  2. —(1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017(3) are amended as follows.

    (2) In regulation 5(2) (general requirements for marketing of plant material) , for “31 st December 2018” substitute “31 December 2022”.

    PART 3 AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

    The Vegetable Seeds Regulations 1993

  3. —(1) The Vegetable Seeds Regulations 1993(4) are amended as follows.

    (2) In regulation 3(1) (interpretation) , at the end of the definition of “the Food and Feed Regulation”(5) , insert “, as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council(6)”.

    The Cereal Seed (Scotland) Regulations 2005

  4. —(1) The Cereal Seed (Scotland) Regulations 2005(7) are amended as follows.

    (2) For regulation 6(6) (marketing of seed) , substitute—

    “(6) Paragraph (5) does not apply to seed imported into Scotland from a European Single Market State before the end of the period of two years beginning with the day after the day on which exit day falls.”.

    The Seed Potatoes (Scotland) Regulations 2015

  5. —(1) The Seed Potatoes (Scotland) Regulations 2015(8) are amended as follows.

    (2) In regulation 7(2) (marketing requirements - conservation varieties) , for the words from the beginning to “Commission Directive 2008/62/EC” substitute “Where the quantities laid down in Article 14 of Commission Directive 2008/62/EC would otherwise be likely to be exceeded”.

    Revocation

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